SUBRECIPIENT AGREEMENT FY 2011-2012 - LEGAL SERVICESCITY OF CLEARWATER, FLORIDA
AND
GULF COAST LEGAL SERVICES, INC.
FY2011-2012
SUBRECIPIENT AGREEMENT
(Legal Services)
THIS SUBRECIPIENT AGREEMENT as entered into on this lst day of October 2011, by and between
the City of Clearwater, a Florida inunicipal corporation, having its principal office at 112 South Osceola
Avenue, Clearwater, Florida, hereinafter referred to as the "City", and the Gulf Coast Legal Services, Inc.,
hereinafter referred to as the "Provider" or "Subrecipient", whose principal address is: 641 First Street
South, St Petersburg, FL 33701.
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department o� Housing an,d
Urban Development (HUD) for the purpose of conducting a Housing and Community Development
Program with federal iinancial assistance under Title I of the Housing and Commr.iriity Developrnent Act of
1974, as amended, hereinaier called "Act" (42 U.S.C. 5301 et seq.); and the Cranston-Gonzalez National
Affordable Housing Act of 1990 (�2 U.S.C. 12701 et seq.); and
WI�REAS, the City has entered into an agreement with the U. S. Department of Housing and
Urban Development for the purpose of conducting the Community Development Black Grant (CDBG) (24
(CFR 570) and the HOME Investment Partnership (HOME) Program (42 CFR 92) with federal assistance
u►lder Title II af the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended (42 U.S.C.
12701-12839); and
WHEREAS, the City has entered into an agreement with the State of Florida for the purpose of
conducting the State Housing Initiatives Partnership (SHIP) Program with State af Florida assistance undex
the William E. Sadowski Housing Act (Section 420.907 - 420.9�79, Florida Statutes, and Rule 67-37,
Flo�ida Admizustrative Code (FAC)) which was signed into law on July 7, 1992; and
WHEREAS, the City has determined through its Fiscal Year 2011-2016 Consolidated Plan and
FY2011-2012 Consolidated Action Plan, which was adopted an July 21, 2011, the necessity for providing
fair housing education, caunseling and legal aid services to very low to moderate- income households
residing in Clearwater;
WHEREAS, the City desires to engage the Provider to render certain services in connection
therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I: SCOPE OF S�RVICES
The Provider agrees to provide City funds for salary support to implement the agency's Legal Aid to
Preservatian Housing Project. The project will protect maderate and low-income homeowners from loss of
their homes by timely advocacy in the form af representation, negatiatian rnediation, mortgage workouts
and the like. Tenants will also be protected from unlawful evictions. The project will prevent the forced
sale of homes owned by the elderly and minority residents, will prevent unlawful evictions of tenants and
will encourage responsible business and lenders to serve the vulnerable homeowners and tenants. The
project will also assist tenants, prospective tenat�ts and homeowners whose rights under the Fair Hausing
Act have been violated. The provider agrees to accomplish these activities in accordance with the projected
accomplishments attached and made a fully binding part of this Agreernent, as located in Appendix 1.
SECTIUN II: CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Prograr� shall serve eligible very-l�w and moderate-income persons living in Clearwater. The
Provider shall certify that the activities carried out with furids provided under this Agreement will
meet ane or more of the CDBG program's National Objectives —1) benefit low to moderate incorne
persons, 2) aid in the prevention or elimination of slum and blight, 3) rneet community
development needs having a particular urgency — as defined in 24 CFR 570.208 and a11 applicable
rules and regulations as contained in the federal HOME Investment Partnership and State of Florida
State Housing Initiatives Parhiership (SHIP) prograans.
B. The Provider shall maintain in its file the documentation on which basis it determines that the
project benefits law and moderate-income persons, minorities and residents of Clearwater. Such
records sha11 include, but not be limited to proiiles identifying financial classification, head of
hausehold, ethnicity, rac� and gender, or area benefit data, as required.
C. The Provider shall rnaintain a citizen participation mechanism, which will include, but not be
limited to the following:
Logging citizen comments or complaints when received.
2. Copies of comments and/�r complaints received in writing.
Copies of responses to complaints and/or explanations of resolutions to complaints.
D. T'he Provider shall comply with Subpart c— Fost Award Requirements af the Office of
Management and Budget (OMB) Circular No. A-114, "Unifarm Administrative Requirements for
Grants and Agreements with Institutions af Higher Education, Hospitals and Other Non-Frofit
Organizations", incorparated by reference into this Agreement.
E. Costs incurred under this program shall be in compliance with Federal Management Circular No.
A-122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this
Agreement.
F. The Provider shall abide by those provisions of 24 CFR Part 570 subpart J, when applicable,
incorporated by reference into this Agreement.
G. No expenditures or obligations shall be incurred for the program prior to approval and release of
funds fram the U.S. Department of Housing and Urban Development and/ar the State of Florida.
Further, it is expressly understood that in the event na funds are released from the U.S. Departrnent
of Housing and Urban Development and/or the State o� Florida in connection with this �rogram,
then the City is not liable for any claims under this contract.
H. The Operating Agency hereby certifies that, in the implementation of projects fi.ulded by this
Agreement and in all of its other operations, it will camply with all requirements of Section SO4
of the Rehabilitation Act af 1973 (29 USC 794) (and the implementing regulations at 24 CFR $),
the Americans with Disabilities Act of 1990 (Public Law (PL) 101-336), and all state and 1oca1
laws requiring physical and program accessibility to people with disabilities, and agrees to
defend, hold harmless and indemnify the City frorn and against any and all liability far any
nancarnpliance on the part of the Operating Agency. Funds awarded under this Agreement may
be de-obligated shauld any of the following occur.
(1) Notification by HUD to the City that said project is ineligible because of project
location, services provided, or any otl�er reasan cited by HUD;
(2) Notification by HUD to the City that said project is deficient and that continued support
af the project is not providing an adequat� level af services to low income and minority
people; or
(3) Written notification from HUD to the City that the program funds made available to the
City are being curtailed, withdrawn, or otherwise restricted.
(4) Fails to iile required reports or meet praject progress or completion deadlines;
(5) Materially fails to comply with any provision of this Agreement (which �nay �-esult in
suspension or termination in accordance with 24 CFR 85.43 or OMB Circular A-110,);
(6) Expends funds under this Agreement for ineligible activities, services or items;
(7) Implements the project prior to notification from the City that th� federal environmental
review process has been campleted;
(8) Violates Labar Statxdards requirements; or
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(9) Fails ta comply with written notice frarn the City of substandard performance under the
terms of this Agreement.
I. The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the
benefits af the program on the ground �f race, color, national origin or sex.
J. The Pravider agrees that to the extent that it staffs the Program with personnel not presently
ernployed by said party, it will take affirmative action in atternpting to employ low income persans
residing in the City of Clearwater, particularly minarity group members.
K. The Provider shall comply witk� the provisions af 24 C�'R 570.504 (c), "Program Income" and meet
the defuution of program income defined in 24 CFR 570.500 which generally states that program
income is gross income received by the recipient or a Subrecipient directly generated from the use
af CDBG funds. A11 program incarne generated txuough the use o:F Cornrnunity Development Block
Grant, HOME Investment Partnership Program, and State Housing Initiatives Partnership programs
shall be returned to the City within 45 days after receipt by the Subrecipient. In those instances
where the City allows the sub-recipient ta retain program income, these funds shall be expended for
CDBG eligible activities, previously approved by the City in accordance with the projected
accomplishments and budget descriptions attached to this Agreement. In addition, at the end of the
pragram year, the City may require remittance of all ar part of any CDBG program income balances
(including investments thereo fl held by the subrecipient (except those needed for immediate cash
needs, cash balances of a revalving loan fund, cash balances from a lump sum drawdown, or cash
or investments held for section 108 security needs).
L. The Pravider shall transfer to the City any CDBG furxds an hand at the tame of expiratian and any
accounts receivable attributable to the use oi CDBG funds. All real property acquired or improved
in whole or in part with CDBG funds in excess af $25,000 shall be:
(1) Used ta meet one of the national objectives in Section 24 CFR Fart 57�.208 until five years
after expiration of the agreement, or fro such longer period of time as determined to be
appropriate by the City; or
(2) If not used as sta.ted above, the provider shall pay to City an amount equal to the current
rnarket value of t1�e property less any portion of the value attributable to expenditures on
non-CDBG funds for the acquisition af or improvernent to, the property. The payment shall
be considered pragram income.
A subrecipient receiving HOME funds must transfer to the City any HOME funds on hand at
the time of expiration of this Agreement and any accounts receivable attributable to the use of
H�ME funds.
A subrecipient of SHIP funds recognizes that funds may revert to the City in accordance with
the provisians of the City's local housing assistance plan.
M. The Provider shall comply with First Amendment Chw'ch/State principles, as follows:
1. It will nat discriminate against any employee or applicant for employment on the basis of
religion and will not lirnit employment or give preference in ennplayment to persans an the
basis of religion.
2. It will not discriminate against any persan applying for public services on the basis af
religion and will not limit such services or give preference to persons on the basis of
religian.
3. It will provide no religious instruction or counseling, conduct no religious worship o�
services, engage in na religious proselytizing, and exert no other religious influence in the
provision af such public services.
4. The portion of a facility used to provide public services assisted in whole or in part under
this Agreement shall contain no s�ctarian or religious symbols or decorations.
5. The funds received under this Agreernent shall not be used to construct, rehabilitate, or
restore any religious facility which is owned by the Pravider and in which the public
services aze to be provided. However, minar repairs may made if such repairs are directly
related to the public services; are located in a structure used exclusively for nan-religious
purposes; and constitute, in dollar terms, anly a minor portion of the CDBG expenditure for
the public services.
N. The Provider shall transfer to the City upon expiration af this Agreement, any CDBG, HOME
and/or SHIP funds on hand at the time of expiration and any accounts receivable attributable ta the
use of CDBG, HOME and/or SHIP funds. The following restrictions and limitations apply to any
real property under the Provider's control, which was acquired or improved in whale or in part with
CDBG funds in excess of $25,000:
1. Any real property under the Provider's control must be used to meet one of the National
Objectives in the CDSG Regulations, 24 CFR Part 570.20$ until five years or such longer
period of time as determined appropriate by the City after expiration of the Agreement.
Land-banking is a prohibited activity under the City's programs.
2. If the real property is sold within the period af time specified above, the property must be
disposed of in a manner which results in the City being reimbursed in the amount of the current
fair market value of the property, less any portion thereof attributable to expenditu�res on non-
CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is
required.
O. The Provider agrees that when sponsoring a project financed in whole or in part under this
Agreement, all notices, infortnational pamphlets, press releases, advertisernents, descriptions oi the
sponsorship of the project, research reports, and similar public notices prepared and released by the
Provider shall include the statement:
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FUNDED BY
THE CITY OF CLEARWATER
COMMUNITY DEVELOPMENT BLOCK GRANT,
HOME INVESTMENT PARTNERSHIP, AND
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAMS
In written materials, the words "CITY OF CLEARWATER COMMiTNTTY DEVELOPMENT
BLOCK GRANT FUNDS, H4ME INVESTMENT PARTNERSHIP PRUGRAM FUNDS,
AND STATE HOUSING INITIATIVES PARTNERSHTP PROGRAM FUNDS
ADMINISTERED BY THE HOUSING DIVISION OF THE CITY OF CLEARWATER —
ECONQMIC DEVELOPMENT AND HOUSING DEPARTMENT" shall appear in the same
size letters �r type as the name af the Provider.
P. The Provider shall ensure the following when entering into a sub-cantract agreement:
1. The full correct legal name of the party shall be identified.
2. The "Scope o� Services" shall describe the activities to b� p�rfarmed.
Q. The Provider shall ma�iintain sufficient recards in accordance with 24 CFR 570.502 and 570.506 to
determine compliance with the requirements of this Agreement, the Community Development
Black Grant Program and all applicable laws an.d regulations.
This documentation shall include, but not be limited to, the following:
Books, records and documents in accordance with generally accepted accounting principles,
pracedu.r�s and practices which sufficiently and properly reflect all revenues atad
expenditures of funds provided directly or indirectly by this Agreement, including matching
funds and program income.
2. Time sheets for split-funded employees who wark on more than ane activity, in order ta
record the CDBG, HOME, and/or SHIP activity delivery cost by project and the non-CDBG
related charges.
3. How the Statutory National Objective(s) and the eligibility requirement(s) under which
funding have been received, have been met. These also include special requirements such
as necessary and apprapriate determinations, income certiiications, and written agreements
with beneficiaries, where applicable.
R. The Provider is responsible for maintaining arid storing all records pertinent to this Agreement in an
orderly fashion in a readily accessible, permanent and secured location for a period oi five (5) years
after expiration of this Agreement, with the following exception: if any litigation, claun or audit is
started before the expiration date of the three year period, the records will be maintained until all
litigation, claims or audit findings involving these records are resolved. The City shall be informed
in writing after closeout of this Agreement, af the address where the records are to be kept.
SECTION III: OTHER CONTRACTUAL PROVISIONS
A. Labor Standards
Except with respect to the rehabilitation �f residential property designed for residential use for
less than eight households, the provider and all subcantractors engaged in contracts in excess of
$2,000 for the construction, completion, rehabilita.tion, or repair of any building or work financed
in whole or in part with assistance provided under this Agreement are subject to the federal labor
standards provisions which govern the payment of wages and the ratia af apprentices and trainees
to journey workers. Under the terms of the Davis-Bacon Act, as amended, the provider is
required to pay all laborers and mechanics employed on construction work wages at rates not less
than those prevailing on similar canstruction in the lacality as determined by the Secretary of
Labar, and shall pay overtime compensatian in accordance with and subject to the provisions of
the contract Work Hours and Safety Standards Act (4� USC 327-332), and the provider shall
cornply with all regulations issued pursuant to these Acts and with other applicable Federal laws
and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act.
Provided, that if wage rates are higher than those required under the regulations are imposed by
State or local laws, nathing hereunder is intended to relieve the provider of its obligation, if any,
to require payment of the higher rates.
B. Fload Disaster Protection
This Agreement is subject to the requirements of the Flood Disaster Frotecti�n Act of 1973 (PL
93-234). Use af any assistance provided under this Agreement for acquisition or construction in
an area identified as having special flaod hazards shall be subject to the mandatory purchase af
flood insurance in accordance with the requirements af Section 102(a) of said Act.
C. Clean Air and FederaC Water Pollution Control Act (Applicable to Contraets and Subcontracts
Which Exceed $I00,000
The provider shall comply with and require each subcontractor to comply with all applicable
standazds of the Clean Air Act of 1970, (42 USC 7401 et seq.), as amended, the Federal Water
Pollution Cantrol Act (33 USC 1251 et seq.), as amended, and the regulations of the
Environmental Protection Agency with respect thereto, at 40 C�'R Part 32 as amended frorn time
ta time.
D. Provision of the Hatch Act
Neither the pravider program nor the funds provided therefore, nor the personnel employed in the
administration of the prograrn shall be in any way or to any extent engaged in the conduct of
political activities in contravention of Chapter 15 af Title 5, USC.
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E. Lead-Based Paint
Any grants or loans made by the provider for the rehabilitation of residential structures with
assistance provided under this Agreement shall be made subject to the provisions far the
eliminatian of lead-based paint hazards under 24 CFR Part 35. Operating Agency will comply
with the requirements of 24 CFR 570.G08 for notification, inspection, testing, and abatement
procedures concerning lead-based paint. Such regulatians require that all owriers, prospective
owners, and tenants of properties constructed prior ta 1978 be properly notified that such
properties may contain lead-based paint Such notification shall point aut the hazards of lead-
based paint and explain the symptoms, treatment, and precautions that should be taken when
dealing with lead-based paint poisoning.
F. SpeciaCAssessments
Provider shall nat attempt to recaver any capital costs of public improvements assisted in whole
ar in part with funds provided under Section 106 of the Act (42 USC 5306) or with arnounts
resulting from a guarantee under Sectian 108 (42 USC 5308) of the Act by assessing any amount
against properties owned and occupied by persons of low and maderate income, including any
fee charged or assessment made as candition of obta�ining access to such public improvements,
unless (1) funds received und�r Section 106 of the Act are used to pay the proportion of such fee
ar assessment that relates to the capital costs of such public improvements that are financed from
revenue saurces ather than under Title 1 of the Act, or (2) for purposes of assessing any amount
against properties owned and occupied by persons of moderate income, the grantee certifies to
the Secretary of HUD that lacks suf�cient funds received under Section 106 of the Act ta camply
with the requirements of subparagraph (1).
G. Acquisition, Rehabilitation, and Demolition of Real Property and DispCacement oJ Persons
and Businesses
Provider shall comply with the "City of Clearwater, Housing Divisian, Community Development
Slock Grant Pragram Plan for Minimizing the Uisplacement of Persons As a Result of
Community Developm�nt Black Grant Funded Activities" and "City of Clearwater, Housing
Division, Community Development Block Grant Program Residential Anti-displacement and
Relocatian Assistance Plan." Provider shall conduct any acquisition, rehabilitatian, or
demolition af real property, and any negotiations far acquisition, rehabilitation or demolition of
real property in compliance with the Uniform Relocation Assistance and Real �roperty
Acquisition Policies Act of 1970, as amended, Section 104(d) af the Act, and the implementing
regulations at 49CFR 24 ar�d 24 CFR 570.606. Unless specifically permitted, the provider shall
not cause either temporary or permanent invaluntary displacement of persons or businesses. If
the provider causes the involuntary ternporary or permanent displacement of any person or
business as a result of Community Development Block Grant activities, it shall comply with the
City's "Plan ta Assist Persons Actually Displaced by Cammunity Development Slock Grar�t
Activities," and Operating Agency shall provide all notices, advisory assistance, relocation
benefits, and replacement dwelling units as required by the Unifarm Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended, Section 1 �4(d) of the Act, and the
impleme:nting regulatians at 49 CFR 24 and 24 CFR 570.606. The Provider hereby agrees to
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defend, to pay, and to indemnify the City from and against, any and all claims and liabilities for
relocation benefits or the provision of replacement dwelling units required by federal statutes and
regulations in connection with activities undertaken pursuant to this Agreement.
H. Lobbying Restrictions
Provider certifies that, to the best a:f its knowledge and belief:
No Federal Appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee af a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the maleing of any Federal
loan, the entering inta af any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, ar cooperative agreement;
If any fun.ds other than Federal appropriated funds have been paid ar will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member af
Congress, an officer or emplayee of Congress, or an employee af a Member af Congress, in
connection with this Federal contract, grant loan ar caoperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Fortn to Report Labbying," in accardance with its
instructions; and
It will require that the language of this paragraph H be included in the award documents %r all
sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and
cooperative agreexnents) and that all Subrecipients shall certify and disclose accardingly.
This certification is a material representation of fact upan which reliance was placed when this
transaction was made or entered into_ Submission of this certiiication is a prerequisite for
making or entering into this transactian imposed by 31 USC 1352. Any person who fails to file
the required certification shall be subject to a civil penalty of nat less than $10,000 and not more
than $100,Opp for each such failure.
SECTION IV: TERM OF AGREEMENT
This Agreement shall be deemed effective upon appraval and release of funds by the U.S. Department of
Housing and Urban Develapment and/or the State af Florida and being duly executed by bath parties,
whichever is later.
The term of this agreement shall be frorn October 1, 2011 to September 30, 2012. The term znay be
amended if both execute a written agreement.
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SECTION V: TERMINATION
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by written notice of the other party of
such intent to terminate at least thirty (30) days prior ta the effective date of such temunation.
B. This Agreement may be terminated in whole or in part, for convenience, when both parties agree
upon the termination conditions. A written notification shall be requir�d and shall include the
following: reason far the termination, the effective date, and in the case of a partial termination, the
actual portion to be terminated. However, if, in the case of a partial termination, the City
determines that the remaining partion af the Agreement will not accomplish the purposes of such
Agreement, the City may tezminate such in its entirety.
C. The City may place the Provider in default of this Agreement, and may suspend or terminate this
Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited ta, the following:
a. Failure to comply and/or perform in accordance with this Agreement, or any federal
statute or regulation.
b, Submitting reports to the City, which are late, incorrect or incamplete in any
material respect.
c. Implementatian of this Agreement, for any reason, is rendered impossible or
infeasible.
d. Failure to respond in writing to any concerns raised by the City, including
substatltiating documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as deternuned by the City's
monitoring af the Subrecipient, and applicable HUD rules and regulations.
2. The City shall notify the Provider in writing when the Provider has been placed in default.
Such notification shall include actions taken by the City, such as withholding of payments,
actians to be taken by the Provider as a condition precedent to clearing the deficiency and a
reasonable date for compliance, which shall be no more than fifteen (15) days froxn
notification date.
3. The City shall notify the Provider in writing when su�"xcient cause is found for termination
of this Agreement. The Provider shall be given no more than fift�en (15) days in which to
reply in writing, appealing the termination priar to final action being taken by the City.
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D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds
of the U.S. Department of Housing and Urban Development and/or the State of Florida, this
Agreement will terminate effective as af the time that it is determined such fun.ds are no longer
available.
E. Costs of the Provider resulting fram abligations incurred during a suspension or after termination,
are not allowable unless the City expressly authorizes them in the natice af suspension or
termination or subsequently. Other casts during suspension ar after termination which are
necessary and not reasanably avoidable are allowable if:
1. The costs result from abligatians which were pro�erly incurred before the effective date of
suspension or terminati�n, ar� nat in anticipation af it, and in the case of termination, are
noncancelable, and
2. The costs would be allowable if the award were not suspended ar expired normally at the
end of the Agreem�nt in which the terminatian takes effect.
F. Upon terniination of the Agreement, the Provider and tk�� City shall meet to discuss the City's
determination if any amounts are to be repaid to the City or if additianal amounts are due the
Provider.
SECTION VI: AMENDMENTS
Any alteratians, variations, modifications or waivers of this Agreement shall only be valid when they have
been reduced in writing and duly signed by both parties. Any changes, which do not substantially change
the scope of the project and/or the Project Implementation Schedule or increase, the tot�l amount payable
under this Agreement, shall be valid only when reduced to writing atid signed by the City Administration
and the Provider.
The City shall not reimburse the Provider for outlays in excess of the funded amount of the Agreeznent
unless and until the City afficially, in writing, approves such expenditure by executing a written
modificatian to the ariginal Agreement.
SECTION VII: METHOD OF PAYMENT
It is expressly understood and agreed that the total compensation ta be paid hereunder for actual
expenditw'es incurred shall be reserved in the amount of TWENTY SEVEN THOUSAND TWO
HUNDRED FIFTY-SIX DOLLARS AND 00/100 ($27,256.00).
The funds must be expended in acc�rdance with the terms and conditions of the Agreement. Funds set
aside for this agency may increase or decrease, subject to production performance. Production will be
reviewed quarterly and wi.11 be based upon the gaals the Provider established in their program
implementatian schedule. Any remaining balance of funds shall revert ta the City or other appraved
pravider(s). Such compensatian shall be paid in accordance with the projected accompliskunents and
bud�;et descriptions attached hereto and made a part hereo� as Appendix 1.
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A. The Provider shall submit mo_ nthlv requests far payment for actual e�penditures (or no expenditures
during the inonth), includi�g applicable back-up documentation, no later than the tenth (lOth) day
oi the succeeding month and the City will pravide reimbursement, upan approval, within twenty
(20) warking days after r�ceipt af the same, and if all required documentation is submitted with
request and if all documentation is correct.
B. The City agrees to pay the Pravider for expenditures incurred under this Agreement on an as needed
basis in accordance with the Budget and Praject Implementation Schedule attached hereto and
made a part hereof as Appendix 1. Line item transfers are a.11owable anly within each component
and may not exceed in the aggregate fifteen percent (15%) of each line item withaut prior written
approval of the City. All changes amounting ta rnore than fifteen percent (15%) require �or
written approval.
SECTION VIII: EQUAL EMPLDYMENT UPPORTiTNITY
During the perfarmance of this contract, the Operating Agency agrees as follows:
1. The Operating Agency shall not discriminate against any emplayee or applicant far employment
because af race, calor creed, religion, sex age, handicap, disability, sexual orientation, ancestry,
national origin, marital status, familial status, or any other basis prohibited by applicable law.
The Operating Agency shall take af:firtnative action to ensure that applicants are employed and
that employees are treated during emplayment withaut regard ta their race, color, creed,
religion, sex age, handicap, disability, sexual orientation, ancestry, or national origin. Such
action shall include, but not be limited to the following: Employment, upgrading, demotian ar
transfer, recruitment or recruitment advertising, layoFf or ternnination, rates of pay or other forms
of compensation, and selection for training including apprenticeship. The Operating Agency
agrees to post in conspicuous plac�s, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Operating Agency will, in all solicitations or advertisements for employees placed by or on
behalf of the operating Agency, state that all qualified applicants will receive cansideration far
ernployrnent withaut regard to race, color creed religion, sex age, handicap, disability, sexual
orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable
law.
3. The Operating Agency will send to each labor union or representative of workers with which is
has a callective bargaining agreernent ar other contract of understanding, a notice to be provided
advising the said labor union or workers; representatives of the Operating Agency's
cornmitments under this section, and shall post copies of the notice in conspicuous places
available to employees and applicants fo�r employment.
4. The Operating Agency will comply\ with all provisions of Executive Order 11246, Equal
Employrnent opportunity, of September 24, 1965, as amended by Executive Orders 11478,
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August 8, 1969 and 12086, Octaber 5, 197$, copies of which are an file and available at the City
and af the rules regulations, and relevant orders af the Secretary of Labor_
5. The Operating Agency will furnish all informatian and reparts required by Executive Order
11246 of September 24, 1965, as amended, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by HUD
and the Secretary af Labor for purposes of investigation ta ascertain campliance with such rules,
regulations, and orders.
6. In the event of the Operating Agency's noncompliance with the nondiscrimination clauses of
this contract or with any af the said rules, regulations, or orders, this contract may be cancelled,
terminated, or suspended in whole ar in part and the Operating Agency may be declared
ineligible for further Government contracts or federally assisted constructian contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as
amended, and such other sanctians may be impos�d and remedies invoked as pravided in
Executive order 11246 of September 24, 1965, as amended, or as otherwise provided by law.
7. The Operating Agency will include the portion of the sentence immediately preceding paxagraph
(1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary af Labor, issued pursuant to
S�ctian 204 of Executive Order 11246 of Septemb�r 24, 19bS, as amended, so that such
provisions will be binding upon each subcontractor or vendor. The Operating Agency will take
such action with respect to any subcontract or purchase order as HUD may direct as a means of
enfarcing such provisions, including sanctions for nancornpliance; provided, however, that in
the event an Operating Agency becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by HUD, the Operating Agency may
request the United States to enter into such litigation to protect the interests of the United States.
A. Equal Qpportunity in Participatian
The Provider shall adhere to the regulations established in the Housing and Comxr�unity Development
Act of 1974, and in conformance with City policy and all requirements imposed by or pursuant to the
Regulations of HCTD (24 CFR Part 570.601 and 570.602) issued pursuant to Sectian 109, no persan in
the United States shall on the ground of race, color creed, religion, sex, age, handicap, disability, sexual
orientation, ancestry national origin, marital status, familial status, or any other basis prohibited by
applicable law be excluded frorn participatian in, be denied the benefits af, ar be subjected to
discrimination under, and program or activity funded in whole or in part with Community Development
Block Grant Program funds.
B. Specific (not exclusive) Discriminatory Actions Prohibited:
The Provider rnay not directly or thraugh cantractual or other arrangernents, an the graund of race, color,
creed, religion, sexual orienta.tion, ancestry, national origin, marital status, familial status, age handicap,
disability, sex or any other basis prohibited by applicable law:
13
(1) Deny any facilities, services, financial aid, or other beneiits provided under the program
or activity.
(2) Provide any facilities, services, �nancial aid, or other beneiits, which are different or are
provided in, a different form from that pravided to others under th� program or activity.
(3) Subject to segregated ar separate treatment in ainy facility, or in any mater or process
related to receipt of any service or benefit under the program or activity.
(4) Restrict in any way access ta, or the enjoyment of any advantage or privilege enjoyed by
others in connection with facilities, services, financial aid or other benefits under the
program or activity.
(5) Treat an individual differently from athers in determining whether the individual satisfies
any admission, enrollment, eligibility, membership, or other requirements or conditian
which the individual must meet in order to be provided any facilities, services, or other
benefit provided under the program or activity.
(6) Deny any person with the legal right to work an opportunity to participate in a program or
activity as an employee.
C. Susiness and Employment Opportunities for Lower Income Residents, Women-Owned
Business Enterprises, and Minority-Owned Susiness Enterprises
The Provider shall canfarm with the rules and regulations set forth tuzder Section 3 of the Housing an.d
Urban Development Act of 1968, (12 USC 1701u), as amended, and the HUD regulations issued
pursuant thereto at 24 CFR Part 135. This Act requires that, ta the greatest extent feasible, oppartunities
far training and employment be given to lower income residents of the project area, and contracts far
work in connection with the project be awarded to business concerns which are located in, ar owned in
substantial part by, persans residing in the area of the project. In all solicitations for bids, the contractor
must, before signing the contract, pravide a preliminary statement of the workforce, needs and plans for
passible training and employment of lower income persons. When an Operating Agency utilizes the
bidding pracedwre to let a bid, the invitation or solicitation for bids shall advise prospective contractors
of the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, and
the clause shall be inserted as a component part of any contract ar subcontract. Please see Appendix 3.
Tf an Operating Agency solicits or requests an invitation for bids, every effort feasible will be made to
contact minority-owned and women-owned business enterprises for a response to the solicitation or
invitatian for bidders.
D. Nondiscriminatian in FederaCCy Assisted Prog�ams
The Provider shall comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42 USC 2000d et
seq.) and the Fair Housing Act (42 USC 3601 19, 31). In accordance with City policy and Title VI af the
Civil Rights Act af 1964 (PL 88-352), in the sale, lease af other trans%r of land acquired, leased or
14
improved with assistance provided under this Agreement, the deed ar �ease for such transfer shall
cantain a covenant prohibiting discrimination upon the basis of race, color, creed, religion, sex handicap,
disability, sexual arientatian, ancestry, national origin, marital status, ar familiar status, in the sale, lease
or rental, or in the use or occupancy af such land or a�tiy improvements erected or to be erected thereon.
The Provider will comply with Title VIII of the Civil Rights Act of 1968 (PL 90-284, 42 USC 36�1 et
seq.) as amended and will administer all programs and activities related to housing and cornmunity
development in a manner to affirmatively further fair housing.
SECTION IX: CONFLICT OF INTEREST
The Provider cavenat�ts that no person, under its employ who presently exercises any functions or
responsibilities in connection with Commwuty Develapment Block Grant Program, HOME Investment
Partnership Pragram and State Housing Initiatives Program funded activities, has any personal financial
interests, direct or indirect, in this Agreement. The Provider covenants that in the perfozma.nce of this
Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it
will comply with all provisions af 24 CFR 570.611 "Conflict of Interest", and the State Statutes governing
conflicts of interest. The Provider shall disclase, in writing, to the City any possible conflicting interest or
apparent impropriety that is covered by the above provisions. T'his discl�sur� shall occur immediately
upon knowledge of such possible conflict. The City will then render an apinion, which shall be binding on
both parties.
SECTION X: INDEMNIFICATION AND INSUR.A,NCE
The Provider shall indemnify and hold hazmless the City from any and all clairns, liability, losses and
causes of action, which may arise out of the Agreement. The Provider shall pay all claims and losses of
any nature whatsoever in cannection therewith and shall defend or pay to defend all suits brought against
the City, when requested, and shall pay all casts and judgments which may be issued therean.
Automobile and vehicle coverage shall be required when tk�e use of automobiles and other vehicles are
involved in any way in the performance of the Agreement.
The Provider shall submit ta the City an �RIGINAL Certificate of Insurance.
All liability insurance coverage shall be approved by the City prior to the release of any funds under this
Agreement. Generally, the amour�t of c�verage necessary would be at a rnirumum of $300,000. Further, in
the event evidence of the required insurance is not forwarded to the City within thirty (30) days after the
execution of this Agreement, this Ag�reement may be terminated at the City's optian ax�d any payments then
due may be permanently withheld by the City and the City will have no further obligation under this
cantract or any Subrecipient contract.
SECTION XI: REPORTING AND EVALUATION RE UIREMENTS
Maintaining credibility for the community develapment effort rests heavily on the ability ta produce an
impact in low/moderate income areas, through progress in accamplishing scheduled activities. An
effective method for maintaining praject progress against a previausly established schedule is thraugh
15
project evaluation and reporting, which will consist of both written reports and staff discussions on a
regular basis. The Provider also assures prompt and efficient submission of the following:
A. Monthlv Reports - are due no later than the tenth (lUth) day of the succeeding month and shall
include the request for pa}nnent when applicable. A monthly report is due re�ardless ii anv funds
have been expended. Contents of the Monthly Report, attached hereto ar�d �►ade a part hereaf as
Appendix 2, shall include but nat necessarily be limited to the following:
1. The "Financial Report & Implementation Summary" Form, which shall include the request
for payrnent and dacumentation, as applicable.
2. T'he "Frogram Activity Report"
3. The "Request for Reimbursement" Form
4. Instnxctions for Appendix 2 Forms
B. Final Evaluation - Within thirty (30) days of contract completion, a final report documenting how
the Statutory National Objective and the eligibility requirements were rnet, rnust be submitted by
the Provider to the City's Housing Division for review and approval. The contents of it shall
include a cumulative total of the data subrnitted during the program's operation. Further, such
repart shall include statistical findings, which d�pict pragrarn efficiency; i.e., the number of dallars
spent, including non-CDBG funding sources, to render actual service to program recipients, and an
averali evaluation af the prngram's effectiveness, and quantitative results. The final report will be
evaluated and the Provider will be notified if additional data is necessary or that the project/activity
is considered "closed-out".
C. Other Reportin� Reauirements may be required by the City in the event of program changes, need
for additianal infarmatian or docuumentation and/or legislatian am�ndments. The Pravider shall be
informed, in writing, if any changes become necessary.
Reports and/or requested documentation not received by the due date, shall be considered
delinquent, and may be considered by the City as sufficient cause ta suspend CDBG, HOME, and
SHIP payments to the Provider.
SECTION XII: AUDIT AND INSPECTIONS
At any time during normal business hours and as often as City and/or Federal Government representatives
may deern necessary, there shall be made available to representatives of the City and/ar the Federal
Government an opportunity to review, inspect or audit all records, documentation, and any other data
relating to all matters cavered by the Agreement.
An annual organization audit shall be submitted to the City 120 days after the end of the Provider's iiscal
year. The subrnitted audit shall include any m.anagement letters and agency responses to the management
letters. The audit shall be performed in accardance with OMB Circular A-110 Attachment F, OMB
16
Circular A-133. If this Agreement is closed-out prior to the receipt of an audit report, the City reserves the
right to recover any disallawed costs identified in an audit after such closeout.
SECTION XIII: REVERSION OF ASSETS
The Provider shall transfer ta the City any CDBG, HOME or SHIP funds on hand (including program
income) ar ar��.y accounts receivable attributable to the use of CDBG, HOME or SHIP funds should the
agency close its doors. The Provider shall also transfer to the City any real property in the Provider's
control that was acquired or improved in whole or in part of with CDBG, HOME or SHIP funds, unless it
is used to (1) meet one of the national objectives in Section 570.20$ until five years after the expiration oi
this agreement, or for such longer periad oi time as determined to be appropriate by the recipient; or (2) if
not used for eligible activity, tbe Provider shall pay to the City an amount equal to the current to the cuxx�nt
market value of the property less any partion of the value attributable to expenditures of non-CDBG,
HOME or SHTP funds far the acquisition of or improvement to, the property.
SECTION XIV: COMPLIANCE WITH LOCAL, STATE & FEDERAL REGULAT�ONS
The Provider agrees to campXy with all applicable federal regulatians as they may apply to pragram
administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto
applicable.
SECTION XV: ADDITYONAL CONDITIONS AND COMPENSATION
It is expressly understaod and agreed by the parties hereto that monies contemplated by this Agre�ment to
be used for compensation originated from grants of federal Community Development Block Grant Funds,
HOME Investment Partnership Program Funds and State Housing Initiatives Partnership Funds, and must
be implemented in full compliance with a11 af HUD's and the State of Florida rules and regulations.
It is expressly understood and agr�ed that in the event of curtailment ar non-production of said federal grant
funds, that the financial sources necessary to continue to pay the Provider cornpensation will not be
available and that this Agreement will thereby terminate effective as uf the time that it is determined that
said funds are no longer available.
Tn the event of such determinatian, the Provider agrees that it will not look to, nor seek to hald liable, the
City or any individual rnernber of the City Commissian thereaf personally for the perfarmance of this
Agreement and all of the parties hereta shall be released from further liability each to the other under the
terms of this Agreement.
17
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized afficials on the day and date first above indicated.
Countersigned:
' � •'/i/ � /
Frank V. Hibbard
Mayor
Continued:
Approved as to form:
Laura Mahony
Assistant City Attorney, II
GULF COAST LEGAL SERVICES, INC.
By "d`�z .
Board Fresident
� � ���1
Date
ATTEST:
�
Board Secretary
� a�//
Date
CITY OF CLEARWATER, FLORIDA
By: �
William B. Horne, II
City Manager
Attest:
rs
► ,, ,
Rosemarie Call, MPA, CM
City Clerk
���oF ryF^;�
v.�` �'� �� � ,
�
�n �;
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TER
APPENDIX 1
Provider's Program Budget
Gulf Coast Legal Services, Inc. FY 11-12
x w�nsro,nm;�a r�r;• ry a+ ���uw�,r wm.p^�, •,i.:i � a°���� .�r•^—;•-•._7 �a
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' 4 . '`.�' 4�gq'�;�' ,f ;'i�?�i,„i,61 " �;,k�,qy'd'�$ ���� �u %r:;i" � I:y`�, ,",���;r>; ,p! r � � � "" �',� 'k�� �S„?� Y4 �Yg e.! „ �µ p, p
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a �, � � qn�f;, q }� . ( - nit ���,��j'{ "�':��"" r a.� __ _ .,1� N � _ "7d j qr ;� i It.,
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I
APPENDIX 1
Provider's Program Implementation Schedule
Gulf Coast Legal Services, Inc. FY 11-12
Planned �ct Nov Dec Jan Feb Mar Apr May '� Jun Jul Aug Sep
Implementation ;
Sfieps i
APPENDIX 3
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11235
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for
constructian work, ar modification thereof, as defined in the regulatians of the Secretary of Labor at 41
CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or
barrowed an the credit of the Federal� Government pursuant ta the grant, contract, loan inswrance, or
guarantee, or undertaken pursuant to any �'ederal program involving such grant, contract, loan, insurance,
or guarantee, the fallowing Equal Opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractar will nat discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees aze treated during employment without regard to
their race, color, religion, sex, or national origin. Such action shall include, but not be lirnited to the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or ather farms of cornpensation; and selection of training,
including apprenticeship. The contractor agrees to post in a conspicuous place, available to
employees and applicants for employment, notices to be provided settixlg farth the provision of this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for emplayees placed by or behalf af the
contractor, will state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative of warkers with which he has a
collective bargaitii�ig agreement vr vther contract or understanding, a notice to be provided a�lvi�ing
the said labor union or workers' repr�sentative of the cantractar's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
(4) The contractor will camply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary af Labar.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1955, and by rules, regulations, and orders of the Secretary of Labar, ar pursuant
thereto, and will permit access ta his books, records, and accaunts by the administering agency and
the Secretary of Labor for purposes of investigation ta ascertain compliance with such rules,
regulations, and orders.
(6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract
ar w�itl� any of the said rules, regulations, or orders, this contract may be canceled, tertninated, or
suspended in whole or in part and the cantractar may be declared ineligible for further government
1
contracts or federally assisted construction contracts in accordance with pracedures authoriz�d in
Executive Order 11246 of September 24, 1965, or by rule, regulatian, or order of the Secretary of
Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately preceding paragraph (1), and
the provisians of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, ar orders of the Secretary af Labor issued pursuarit to Section 204 af
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcantractor or vendor. The contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctians for non-compliance provided, however, that in the event a contractor becomes
involved in or is threatened with, litigation with a subcantractor or vendor as a result af such
directian by the administering agency, the contractor may request the United States to enter inta
such litigation ta protect the interest af the United States.
The applicant further agrees that it will be bound by the abave Equal Opportw�ity clause with respect to its
own employment practices when it participates in federally assisted construction work: provided that, if the
applicant so participating is a State or local government, the above Equal Opportunity clause is not
applicable to any agency, instnunentality or subdivision of such government which does not participate in
work on or under the contract.
The applicant agrees that it will assist and caoperate actively with tlne administering agency and the
Secretary of Labar in obtaining the compliance of contractors and subcontractors with the Equal
Opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labar, that it will
furnish the administering agency and the Secretary of Labor such information as they may require for the
supervision of such compliance, and that it will otherwise assist the administering agency in til'ie discharge
af the agency's primary responsibility far securing compliance.
The applicant furkher agrees that it will refrain from entering into any contract or cantract modiiication
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, ar who has not
demonstrated eligibility for, government contracts and federally assisted construction contrac:�s pur5uar�l lu
the Executive Order and will carry aut such sanctions and penalties for violation of the equal opportunity
clause as rnay be imposed upan contractors and subcantractors by the administering agency of the Secretary
�f Labor pursuant ta Par II, Subpart D of the Executive Order. In addition, the applicant agrees that if it
fails or refuses to comply with these undertakings, the administering agency may take any or all of the
following actions: cancel, terminate, suspend in whole ar in part this grant (cantract, loan, insurance
guarantee); refrain from extending any further assistance to the applicant under the program with respect ta
which the failure ar refund occurred ttntil satisfactory assurance af future compliance has been received
from such applicant; and refer the case to the Department of Justice for apprapriate legal proceedings.
►a
FEDERAL - SECTION 3 CLAUSE
A. The work to be performed under this contract is on a project assisted under a program providing
direct Federal finaricial assistance fram the Department of Housing and Urban Development and is
subject to the requirements af Section 3 af the Housing and Urban D�velopment Act of 1968, as
amended, 12 U.S.C. 1701u. Sectian 3 requires that to tkie greatest extent feasible, opportunities far
training and emplayment be given to lower incame residents of the project area, and contracts for
work in connection with the project be awarded to business concerns which are lacated in, ar
owned in substantial part by persons residing in the area of the project.
B. The parties to this contract will comply with the provision of said Section 3 and the regulations
issued pursuant thereto by the Secretary of Hausing and Urban Development set forth in 24 C�'R
135, and all applicable rules and orders of the Department issued there under priar to the execution
of this contract. The parties t� this contract certify and agree that they are under no contractual or
other disability, which would prevent them from complying with these requirements.
C. The contractar will send to each labor organization or representative af workers with which he has
a collective bargaining agreem�nt or other contract ar understanding, if any, a notic� advising the
said labor organization of workers' r�presentative of his commitments under this Section 3 Clause
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment or training.
D. `The contractor will include this Sectian 3 Clause in every subcontract for work in connection with
the praject and will, at the direction af the applicant for or recipient of Federal financial assistance,
take appropriate action pursuan.t to the subcantract upon a finding that the subcontractar is in
violation of regulations issued by the Secretazy af Housing and Urban Development, 24 CFR 135
The contractor will not subcontract with any subcontractor where it has notice or knowledge that
the latter has been found in violation af regulations under 24 CFR 135, and will not let any
subcontract unless the subcontractar has first provided it with a preliminary statement of ability to
comply with the requirements af these regulations.
E. Compliance witl� the provisions of Section 3, the regulations set forth in 24 CFR 135, and all
applicable rules and orders of the Department issued hereunder prior to the execution of the
contract, shall be a condition of the federal financial assistance provided to the project, binding
upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill
these requirements shall subject the applicant or recipient, its contractors and subcontractors, its
successors, and assigns to those sanctions specified by the grant or laan agreement or contract
through which Federal assistance is pravided, and to such sanctians as are speciiied by 24 CFR
135.
kj